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All Eyes on Laurent Lamothe: Default Judgment AGAINST Leo Joseph/Haiti Observateur?

All Eyes on Laurent Lamothe: Default Judgment AGAINST Leo Joseph/Haiti Observateur?

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Published by Boston Hmi
Laurent Lamothe Vs. Leo Joseph/Haiti Observateur
Laurent Lamothe Vs. Leo Joseph/Haiti Observateur

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Categories:Types, Business/Law
Published by: Boston Hmi on Jan 15, 2013
Copyright:Attribution Non-commercial


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Case No. 12-23300-CIV-UNGARO/TORRESPATRICE BAKER, an individual andLAURENT LAMOTHE, an individual,Plaintiffs,v.HAITI-OBSERVATEUR GROUP, et al.,Defendants. ____________________________________/
This matter is before the Court on the Renewed Motion filed by Plaintiffs forPreliminary Injunction [D.E. 18], which seeks to enjoin the defendants from continuingto make defamatory statements about the Plaintiffs through a website. The motionwas accompanied by a Motion for Hearing on the issues raised by the motion forpreliminary injunctive relief. [D.E. 19]. No timely response has been filed to therenewed motion even though the record contains evidence of service of the originalsummons and complaint as well as the pending motions. Accordingly, it is hereby
as follows:1.Though the motion for preliminary injunction could be granted by defaultunder S.D. Fla. Local R. 7.1, the Court is reluctant to do so without giving Defendantsa further opportunity to defend against the motion that raises potential firstamendment issues, not to mention a question whether a showing of irreparable harm
Case 1:12-cv-23300-UU Document 21 Entered on FLSD Docket 01/10/2013 Page 1 of 3
has been adequately made to support preliminary injunctive relief. The Court willthus
the request for hearing on the preliminary injunction motion. Anevidentiary hearing shall be set for February 25, 2013, at 9:30 a.m., United StatesCourthouse, 99 N.E. 4th Street, Courtroom 5, Miami, Florida.2.The Court’s review of the record also evidences that Defendants may bein default and subject to entry of default judgment against them, assuming they havebeen appropriately served with process as evidenced by the affidavits filed onDecember 10, 2012. No timely answer or response has been filed in the docket to thecomplaint. Accordingly, Plaintiffs are directed to move for entry of a clerk’s defaultagainst the named Defendants who have been served in the action. Defendants areadvised that the failure to respond to the complaint and/or the clerk’s default may begrounds for entry of default judgment against them under Fed. R. Civ. P. 55, includingthe entry of a permanent injunction as pled in the complaint plus monetary damages. Any challenges to service of process must be timely raised in accordance with Fed. R.Civ. P. 12.3.Plaintiffs shall move for entry of a clerk default (or show cause why suchmotion cannot be filed) within five days of this date.
in Chambers at Miami, Florida, this 10th day of January, 2013. ___________________________________ EDWIN G. TORRESUnited States Magistrate Judge
Case 1:12-cv-23300-UU Document 21 Entered on FLSD Docket 01/10/2013 Page 2 of 3

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